FEDERAL COURT OF AUSTRALIA
Saxena v PPF Asset Management Ltd [2011] FCA 395
Citation: Saxena v PPF Asset Management Ltd [2011] FCA 395 Parties: VANITA SAXENA v PPF ASSET MANAGEMENT LTD (ACN 099 091 960) and PAUL FERLA AND ALICIA FERLA, TRADING AS PPF PARTNERS File number: VID 470 of 2010 Judge: BROMBERG J Date of judgment: 22 March 2011 Legislation: Fair Work Act 2009 (Cth) s 570
Federal Court Australia Act 1976 (Cth) 37MCases cited: Construction, Forestry, Mining and Energy Union and Others v Clark (2008) 170 FCR 574 Date of hearing: 22 March 2011 Place: Melbourne Division: FAIR WORK DIVISION Category: No Catchwords Number of paragraphs: 10 Counsel for the Applicant: Mr T Angelopoulos Solicitor for the Applicant: Max Legal Counsel for the Respondents: Mr N Harrington Solicitor for the Respondents: Logie-Smith Lanyon
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
FAIR WORK DIVISION
VID 470 of 2010
BETWEEN: VANITA SAXENA
ApplicantAND: PPF ASSET MANAGEMENT LTD (ACN 099 091 960)
First RespondentPAUL FERLA AND ALICIA FERLA, TRADING AS PPF PARTNERS
Second Respondent
JUDGE:
BROMBERG J
DATE OF ORDER:
22 MARCH 2011
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The applicant’s notice of motion of 11 March 2011 be dismissed with no order as to costs.
2.The respondents’ notice of motion filed 16 March 2011 be dismissed.
3.The respondents pay the applicant’s costs of and incidental to the respondents’ notice of motion filed 16 March 2011.
4.The applicant file and serve any affidavits and any material in reply on or before 12 April 2011.
5.The respondent have leave to file and serve the affidavits and material exhibited as exhibits RN10 to RN13 to the affidavit of Rima Newman of 16 March 2011.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
FAIR WORK DIVISION
VID 470 of 2010
BETWEEN: VANITA SAXENA
ApplicantAND: PPF ASSET MANAGEMENT LTD (ACN 099 091 960)
First RespondentPAUL FERLA AND ALICIA FERLA, TRADING AS PPF PARTNERS
Second Respondent
JUDGE:
BROMBERG J
DATE:
22 MARCH 2011
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
In this matter the respondents were, on 15 October 2010, ordered to file and serve any affidavits and any documents upon which they relied on or before 8 December 2010. The respondents failed to comply with that order and it was not until on or about 16 March 2011 that the order was complied with. In the interim, there has been numerous pieces of correspondence flying between the practitioners acting for the applicant and the respondents dealing with non-compliance and fruitless attempts to achieve a consent position with which to approach the Court for orders to amend the orders made on 15 October 2010.
By a notice of motion dated 11 March 2011, the applicant seeks various orders, the essence of which is that there be a…
Keep reading for free
Create a free CaseChat account to read Saxena v PPF Asset Management Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] FCA 395
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the procedural aspects of both notices of motion. It assessed whether Saxena's motion was valid and warranted any substantive orders. Simultaneously, the court scrutinized the respondent's motion, evaluating the necessity and fairness of the relief sought. A critical aspect of the court's analysis was the consideration of the affidavits and supporting documents submitted by both parties, particularly those referenced in the respondent's motion. The court concluded that Saxena's motion did not merit any orders and should be dismissed with no costs awarded. Conversely, the respondent's motion was also dismissed; however, the court ruled that the respondent must bear the costs of this unsuccessful motion. The court further directed the parties to exchange additional affidavits and material within specific timelines, while permitting the respondent to use certain documents as evidence.
Ultimately, the court issued orders dismissing both notices of motion without costs to the applicant for the first motion and requiring the respondent to pay costs for the second motion. The court set deadlines for the filing and service of additional affidavits and material, and granted permission for the respondent to use particular exhibits in their submissions. This decision underscores the importance of procedural correctness and the court's role in managing the flow of evidence and costs in complex trust disputes.
Orders
Orders of the court
1. The applicant’s notice of motion of 11 March 2011 be dismissed with no order as to costs.
2. The respondents’ notice of motion filed 16 March 2011 be dismissed.
3. The respondents pay the applicant’s costs of and incidental to the respondents’ notice of motion filed 16 March 2011.
4. The applicant file and serve any affidavits and any material in reply on or before 12 April 2011.
5. The respondent have leave to file and serve the affidavits and material exhibited as exhibits RN10 to RN13 to the affidavit of Rima Newman of 16 March 2011.
Note:
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.